Lawyers for Terri Moulton Horman are seeking an emergency hearing on what evidence can be considered as she seeks temporary custody of her daughter after her estranged husband alleged in court papers that she solicited a landscaper to kill him.

Kaine Horman objects to Terri Horman having any parenting time with Kiara, their now 5-year-old daughter. He cites in court papers a deposition from a landscaper who said Terri Horman wanted him to get "rid'' of her husband because she feared losing Kiara.

"Based on that deposition, there is an even greater safety risk to Kiara," Engel wrote in court papers.

According to Engel, the landscaper testified that Terri Horman had hired Sanchez to do yard work in 2008, but Kaine Horman said he wasn't aware of Sanchez or his work.

Five months before Kyron's disappearance, Terri Horman invited Sanchez to a restaurant. Terri Horman told the landscaper her husband was abusive and asked Sanchez to help her find someone to "get rid of" Kaine Horman, Engel wrote in court papers.

"She told me that she was desperate because her husband treated her wrong,'' Sanchez said in the deposition, according to court papers.

Terri Horman told the landscaper she was afraid of losing her daughter, Sanchez said in the deposition.

"What she said is she didn't want her husband to take her away from her,'' he said.

"She told me specifically. I don't remember, but she told me that she wanted me to help her get rid of her husband. I don't know if that was the correct word, but she tried to make me understand that,'' Sanchez said, according to court records.

When Sanchez was asked if he remembered Terri Horman using the words "get rid of,'' he replied, "No, but she implied it, not specifically.''

Terri Horman told Sanchez of Kaine's schedule, and said he always carried $10,000 in cash "and that the murder could be made to look like a mugging," according to Kaine Horman's lawyer. Sanchez refused to take part.

"The Sanchez testimony establishes extreme risk of harm to Kiara, as well as Petitioner," Engel wrote. "The Sanchez testimony establishes a motive surrounding the disappearance of Kyron."

Lawyers for Terri Horman argue in court papers that Kaine Horman "has opened the door to further discovery,'' through his lawyers' questioning of Sanchez based on information that could only have come from law enforcement.

Because of the inclusion of Sanchez's deposition and the questions about matters that were part of a police investigation, Terri Horman "is in precisely the situation she predicted could happen in this case: an incomplete and inaccurate accounting of events is being used as a cudgel to prevent parenting time and to further smear Mother before the court and in the public record,'' attorney Peter Bunch wrote.

According to court papers filed Friday, when Terri Horman's lawyers asked Sanchez about a second meeting months later between he and Terri Horman, he refused to answer whether or not Terri Horman had set up that subsequent brief meeting. Sanchez's lawyer instructed him not to answer that question

Terri Horman's lawyers contend had Sanchez been allowed to talk about his last meeting with Terri Horman, it "would prove Mother's innocence as to the numerous inaccurate allegations made by Sanchez and Father,'' Bunch wrote.

Terri Horman hasn't been allowed to see her daughter for more than three years. Shortly after Kyron's disappearance, Kaine Horman obtained a restraining order against her, citing information law enforcement shared with him that she had tried to hire a landscaper to kill him.

Kaine Horman said he believes Terri Horman had contemplated divorcing him months before Kyron's disappearance, but that she was concerned she could lose her daughter to him. He pointed to the presumption in Oregon that step-siblings should not be separated after a divorce, absent some overriding reason, Engel wrote.

Kaine Horman also denies he was abusive to his wife, according to court papers.

Kaine Horman contends in court papers that Kiara has "never even asked about her Mother," since the parents separated.

A hearing has been set for Dec. 19 on Terri Horman's motion for temporary parenting time with her daughter. It's not clear if Judge Henry Kantor will set an earlier hearing on this latest dispute.